New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 53

53 Retention and management of vegetation

(1) Before granting consent to development that would involve the removal of vegetation, the consent authority must have regard to the following priorities--

(a) retaining vegetation, in relation to location, species type or physical characteristics, that does not pose a threat to life or property in the event of bush fire,

(b) limiting impacts on threatened, endangered, vulnerable or a locally significant plant species,

(c) retaining vegetation within watercourses,

(d) retaining vegetation that stabilises soils or that absorbs run-off from accumulation points on site,

(e) retaining vegetation that contributes to wildlife corridors or is habitat for native fauna,

(f) retaining vegetation that contributes to the streetscape character of the locality.

(2) Consent shall not be granted to development of any land unless the consent authority has considered the need to re-vegetate disturbed areas on the land.

(3) Before granting consent to development, the consent authority must take into account that vegetation retained on the site of development is to be protected from activities that may reduce the safe useful life expectancy (SULE) of that vegetation, including--

(a) severing of the critical root zone or the woody/structural root system, as may be caused by construction of a retaining wall, laying of foundations or similar, and

(b) provision of hard or impervious surfaces, including driveways, that limit areas of infiltration, and

(c) compaction of soil over critical root zones by construction or use of heavy machinery, and

(d) an increase in water logging arising from stormwater management or other alteration to the existing drainage regime, and

(e) nutrient overloading arising from disturbance to the drainage regime, and

(f) changes to the natural soil level.

(4) When granting consent to development, the consent authority is to ensure that all vegetation to be retained on the site will be protected during the construction process by provision of temporary fencing or other barriers that are located to prevent direct or indirect damage to the vegetation including--

(a) damage to the tree trunks, or

(b) destruction of understorey vegetation by machinery, or

(c) compaction of soil over critical root zones for vegetation, or

(d) alterations to the amount or quality of water directed onto the vegetation, or

(e) stockpiling of materials over critical root zones.